Calcutta High Court
Casyab Pvt. Ltd vs Central Bank Of India & Ors on 28 July, 2016
Author: Manjula Chellur
Bench: Manjula Chellur
G.A.3044 of 2015
APOT 449 of 2015
C.S.155 of 2006
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
CASYAB PVT. LTD.
Versus
CENTRAL BANK OF INDIA & ORS.
BEFORE:
The Hon'ble CHIEF JUSTICE MRS. MANJULA CHELLUR
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 28th July, 2016.
For the applicant
Commissioner of Payments : Mr. Sunil Singhania, Advocate
For the Respondents :
THE COURT : We have gone through the affidavit of the applicant who is seeking disbursement of amount on the ground that Commissioner of Payments is the authority to pass an order. No doubt, by virtue of earlier order, this Court directed M/s. Khaitan & Co. to deposit Rs.1.5 crore with the Registrar, Original Side of this Court so that some interest could be earned on this deposit. Apparently, this money belongs to Parasea Collieries and Khaitan & Co. Advocates, was holding the money as Receiver.
This Court wants to know from the Commissioner of Payments whether the claimants as shown in the list of claims are entitled to this money and who has approved the said list with 2 reference to the correctness of the details. Apparently, no details are before us. Either the Company has to get this money if no amounts are payable by them and if this amount belongs to the mining company or else Union of India should get this money.
Therefore, we direct the Commissioner of Payments to place on record as to what was the methodology he has adopted to arrive at a conclusion with reference to such list of claims furnished by him ; whether the claimants are still to receive the money from the Commissioner of Payments, whether any such order is passed and on what basis. Three weeks' time is given to the Commissioner of Payments to furnish such information by way of an affidavit.
List the matter for hearing after three weeks.
( MANJULA CHELLUR, C.J.) ( ARIJIT BANERJEE, J.) Rsg AR(CR)